Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Repealed. Laws 1986, LB 318, § 145.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 318, § 145.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 318, § 145.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 318, § 145.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 318, § 145.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 318, § 145.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 318, § 145.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 318, § 145.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 318, § 145.
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[Repealed or reserved.]
Transferred to section 38-1001.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-3401 Information, statements, and data; furnish without liability.
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Any person, hospital, sanitarium, nursing home, rest home, or other organization may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to the Department of Health and Human Services, the Nebraska M…
Neb. Rev. Stat. § 71-3402 Publication of material; purpose; identity of person confidential.
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The Department of Health and Human Services, the Nebraska Medical Association or any of its allied medical societies, the Nebraska Association of Hospitals and Health Systems, any inhospital staff committee, or any joint venture of such entities shall use or publish the material …
Neb. Rev. Stat. § 71-3403 Information, interviews, reports, statements, data; privileged communications; not received in evidence.
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All information, interviews, reports, statements, memoranda, or other data furnished by reason of sections 71-3401 to 71-3403 and any findings or conclusions resulting from such studies are declared to be privileged communications which may not be used or offered or received in e…
Neb. Rev. Stat. § 71-3404 Child and Maternal Death Review Act, how cited; child deaths; stillbirths; maternal deaths and severe maternal morbidity; legislative findings and intent.
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(1) Sections 71-3404 to 71-3411 shall be known and may be cited as the Child and Maternal Death Review Act. (2) The Legislature finds and declares that it is in the best interests of the state, its residents, and especially the children of this state that the number and causes of…
Neb. Rev. Stat. § 71-3405 Terms, defined.
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For purposes of the Child and Maternal Death Review Act: (1) Child means a person from birth to eighteen years of age; (2) Investigation of child death means a review of existing records and other information regarding the child or stillbirth from relevant agencies, professionals…
Neb. Rev. Stat. § 71-3406 State Child Death Review Team and State Maternal Death Review Team; members; terms; chairpersons; not considered public body; meetings; expenses.
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(1) The chief executive officer of the Department of Health and Human Services shall appoint a minimum of twelve members each to the State Child Death Review Team and the State Maternal Death Review Team. A person seeking appointment shall apply using an application process devel…
Neb. Rev. Stat. § 71-3407 Teams; purposes; duties; powers.
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(1) The purpose of the teams shall be to (a) develop an understanding of the causes and incidence of child deaths, stillbirths, maternal deaths, and severe maternal morbidity in this state, (b) develop recommendations for changes within relevant agencies and organizations which m…
Neb. Rev. Stat. § 71-3408 Chairperson; team coordinator; duties; team data abstractor; qualifications; duties.
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(1) The chairperson of each team shall: (a) Chair meetings of the teams; and (b) Ensure identification of strategies to prevent child or maternal deaths. (2) The team coordinator of each team provided under subsection (5) of section 71-3406 shall: (a) Have the necessary informati…
Neb. Rev. Stat. § 71-3409 Review of child deaths, stillbirths, maternal deaths, and severe maternal morbidity; manner.
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(1)(a) The State Child Death Review Team shall review child deaths in the manner provided in this subsection. (b) The members shall review the death certificate, birth certificate, coroner's report or autopsy report if done, and indicators of child or family involvement with the …
Transferred to section 38-1002.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-3410 Provision of information and records; subpoenas.
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(1) Upon request, the teams shall be immediately provided: (a) Information and records maintained by a provider of medical, dental, prenatal, and mental health care, including medical reports, autopsy reports, and emergency and paramedic records; and (b) All information and recor…
Neb. Rev. Stat. § 71-3411 Information and records; confidentiality; release; conditions; disclosure; limitations.
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(1)(a) All information and records acquired by the teams in the exercise of their purposes and duties pursuant to the Child and Maternal Death Review Act shall be confidential and exempt from disclosure and may only be disclosed as provided in this section and as provided in sect…
Neb. Rev. Stat. § 71-3412 Domestic Abuse Death Review Act, how cited.
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Sections 71-3412 to 71-3421 shall be known and may be cited as the Domestic Abuse Death Review Act.
Neb. Rev. Stat. § 71-3413 Legislative findings and declarations; purpose of act.
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(1) The Legislature finds and declares that it is in the best interests of the state, its residents, and especially the families of this state, that the number and causes of death related to domestic abuse be examined. There is a need for a comprehensive integrated review of all …
Neb. Rev. Stat. § 71-3414 Terms, defined.
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For purposes of the Domestic Abuse Death Review Act: (1) Associated victim means a family or household member of the decedent victim who also experienced abuse committed by the perpetrator; (2) Decedent victim means a person who died by homicide or suicide as a result of domestic…
Neb. Rev. Stat. § 71-3415 Domestic abuse death investigation.
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(1) A domestic abuse death investigation shall involve a review of existing records, documents, and other information regarding the decedent victim and perpetrator from relevant agencies, professionals, providers of health care, and family and household members of the decedent vi…
Neb. Rev. Stat. § 71-3416 State Domestic Abuse Death Review Team; members; terms; Attorney General; duties; not considered public body; expenses.
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(1) The State Domestic Abuse Death Review Team is created. (2) The Attorney General shall appoint the following members to the State Domestic Abuse Death Review Team: (a) At least two survivors of domestic abuse; (b) A representative who is an employee of a statewide coalition re…
Neb. Rev. Stat. § 71-3417 Team; purpose; duties; powers; confidentiality.
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(1) The purpose of the team shall be to prevent future domestic abuse deaths by: (a) Conducting investigations to understand the contributing factors in domestic abuse deaths; (b) Examining the incidence, causes, and contributing factors of domestic abuse deaths; and (c) Developi…
Neb. Rev. Stat. § 71-3418 Team coordinator; duties.
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(1) The team coordinator selected under section 71-3416 shall (a) convene and lead meetings of the team and (b) ensure the team provides recommendations to prevent domestic abuse deaths. (2) The team coordinator shall (a) gather, store, and distribute the necessary records and in…
Neb. Rev. Stat. § 71-3419 Team; conduct investigations; requirements.
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The team shall conduct investigations in accordance with best practices and shall review all relevant records and information in an investigation to understand the relationship between the decedent victim and the perpetrator in order to determine: (1) Whether a correlation exists…
Transferred to section 38-1003.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-3420 Provision of information and records; subpoenas; contempt.
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(1) For purposes of conducting an investigation, and as necessary to fulfill the purposes of the Domestic Abuse Death Review Act, the team shall be immediately provided the following upon request: (a) Records, documents, or other information maintained by a health care provider, …
Neb. Rev. Stat. § 71-3421 Information and records; confidentiality; release; conditions; disclosure; limitations.
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(1) All information and records acquired by the team in the exercise of its duties pursuant to the Domestic Abuse Death Review Act shall be confidential and exempt from disclosure except as provided in this section and section 71-3417. Statistical compilations of data or recommen…
Neb. Rev. Stat. § 71-3422 Overdose Fatality Review Teams Act, how cited.
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Sections 71-3422 to 71-3437 shall be known and may be cited as the Overdose Fatality Review Teams Act.
Neb. Rev. Stat. § 71-3423 Legislative findings.
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The Legislature finds that: (1) Substance use disorders and drug overdoses are major health problems that affect the lives of many people and multiple services systems and lead to profound consequences, including permanent injury and death; (2) Overdoses caused by heroin, fentany…
Neb. Rev. Stat. § 71-3424 Purposes of act.
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The purposes of the Overdose Fatality Review Teams Act are to: (1) Create a legislative framework for establishing county-level, multidisciplinary overdose fatality review teams in Nebraska; (2) Provide overdose fatality review teams with duties and responsibilities to examine an…
Neb. Rev. Stat. § 71-3425 Terms, defined.
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For purposes of the Overdose Fatality Review Teams Act: (1) De-identified information means information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual; (2) Departmen…
Neb. Rev. Stat. § 71-3426 Lead organization; establish a local team; membership; chairperson; duties.
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(1) A lead organization may establish a local team for the lead organization's jurisdiction or for a group of cities, counties, or districts, pursuant to an agreement between multiple lead organizations. If multiple lead organizations decide to form a local team, only one shall f…
Neb. Rev. Stat. § 71-3427 Local team; duties; limitation; report; department; duties.
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(1) A local team shall: (a) Promote cooperation and coordination among agencies involved in the investigation of drug overdose fatalities; (b) Examine the incidence, causes, and contributing factors of drug overdose deaths in jurisdictions where the local team operates; (c) Devel…
Neb. Rev. Stat. § 71-3428 Local team meetings; participants and attendees; requirements; liability; professional disciplinary action; immunity; limitation.
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(1) Members of a local team and other individuals in attendance at a local team meeting, including, but not limited to, experts, health care professionals, or other observers: (a) Shall sign a confidentiality agreement as provided in section 71-3433; (b) Are bound by all applicab…
Neb. Rev. Stat. § 71-3429 Open Meetings Act; local team not considered public body; information and records; confidentiality.
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(1) A local team shall not be considered a public body for purposes of the Open Meetings Act. (2) Except for reports under section 71-3427, information and records acquired or created by a local team are not public records subject to disclosure pursuant to sections 84-712 to 84-7…
Transferred to section 38-1004.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-3430 Lead organization; access to information; subpoena; enforcement.
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(1) Except as provided in subsection (4) of this section, on written request of the lead organization, and as necessary to carry out the purpose and duties of the local team, the lead organization shall be provided with the following information: (a) Nonprivileged information and…
Neb. Rev. Stat. § 71-3431 Local team member; contact, interview, or obtain information from family member or friend of deceased.
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A member of the local team may contact, interview, or obtain information by request from a family member or friend of an individual whose death is being reviewed by the local team.
Neb. Rev. Stat. § 71-3432 Local team meetings; ad hoc participation; confidential information; shared, when; lead organization; powers and duties; local team; consultation agreements.
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(1) A chairperson may invite other individuals to participate on the local team on an ad hoc basis for a particular investigation. Such individuals may include those with expertise that would aid in the investigation and representatives from organizations or agencies that had con…
Neb. Rev. Stat. § 71-3433 Local team meetings; confidentiality form; participation requirements; disclosures prohibited; information and records; release permitted; limitations; testify at proceedings; prohibited.
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(1) Each local team member and any nonmember in attendance at a meeting shall sign a confidentiality form and review the purposes and goals of the local team before they may participate in the meeting or review. The form shall set out the requirements for maintaining the confiden…
Neb. Rev. Stat. § 71-3434 Provision of information and records; immunity.
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Any person that in good faith provides information or records to a local team shall not be subject to civil or criminal liability or any professional disciplinary action as a result of providing the information or record.
Neb. Rev. Stat. § 71-3435 Civil action; authorized; appropriate relief.
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A person aggrieved by the intentional or knowing disclosure of confidential information in violation of the Overdose Fatality Review Teams Act by a local team, its members, or a person in attendance at a local team meeting may bring a civil action for appropriate relief against t…
Neb. Rev. Stat. § 71-3436 Confidentiality requirements; violation; penalty.
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A person who intentionally or knowingly violates the confidentiality requirements of the Overdose Fatality Review Teams Act is guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 71-3437 Rules and regulations.
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The department may adopt and promulgate such rules and regulations as are necessary to carry out the Overdose Fatality Review Teams Act.